CUSMA is an agreement that let’s citizens of Canada, USA and Mexico come to each other’s countries easily for temporary business or investment. It means that a Canadian employer would not require an LMIA to hire an American or Mexican citizen. 

The following groups of people come under CUSMA:

• Business Visitors
• Professionals
• Intra company transferee
• Traders and investors

Who are eligible under Business Visitors?

A business visitor is a person who comes to Canada to take part in international business activities, but the person does not enter the Canadian labor market. They can come to Canada for a few days, few weeks or even stay up to 6 months. They do not require a work permit. 

Who are eligible under Professionals?

A person is eligible to come as a professional and work in Canada if:

• They are qualified and meet the license requirements for the jobs set out in CUSMA.
• They have a valid job offer from a Canadian employer.
• They have a work permit.

Who is eligible under Intra company transferee?

An intra company transferee is a person that is sent to work for the same company but in a different country. 

• The person needs to have worked in a company on an ongoing basis, for at least one year in the last three years and for the same employer or related employer in Mexico or USA.
• The person needs to be transferred to Canada for short term work for the same employer or related employer.
• The person should be working as a manager, executive or in a job that utilizes specialized knowledge.
• They need a work permit.

Who are eligible under Traders and investors?

To be eligible as a trader or investor:

• A person should be involved in the planning, supervision and in a role that involves the skills necessary for conducting a large trade of goods and services between Canada and the home country or the person or his company should be making large investments in Canada.
• A person should meet the other rules of CUSMA and have a work permit.

If you would like to understand how CUSMA can help you and your company, we’ve helped companies navigate their options and can help you as well. Contact us at SAM Law today.